1 TAC §95.205
The Office of the Secretary of State proposes new Chapter
95, Subchapter B, §95.205, concerning Acknowledgment.
The purpose of a new Uniform Commercial Code rule is to conform to national
model administrative rules promulgated by the International Association of
Commercial Administrators and to more accurately reflect current filing policies
and procedures due to legislative changes.
Randy Moes, Director, has determined that there will be no fiscal implications
to the state or local government as a result of adopting the rule.
Mr. Moes also has determined that the public benefit anticipated will be
clarification in matters related to filing of Uniform Commercial Code documents
with the Secretary of State and the submission of information requests. There
will be no effect on large businesses, small businesses or micro-businesses.
There will be no anticipated economic cost to individuals.
Comments on the proposals may be submitted to Randy Moes, Director, Uniform
Commercial Code Division, P.O. Box 13193, Austin, Texas 78711-3193.
The new section is proposed under §§9.501 - 9.527,
Texas Business and Commerce Code (effective July 1, 2001), §§35.01
- 35.09, Texas Business and Commerce Code, §§14.001 - 14.007, Texas
Property Code, Chapter 128, Texas Agriculture Code, Chapter 188, Texas Agriculture
Code, §42.22, Texas Code of Criminal Procedure, and §§51.901
- 51.905, Texas Government Code which provides the Secretary of State with
the authority to adopt rules necessary to administer Subchapter D of Chapter
9, Texas Business and Commerce Code, Subchapter A of Chapter 35, Miscellaneous,
Chapter 14, Uniform Federal Lien Registration Act, Subtitle H of Title 5,
Texas Agriculture Code, Subtitle E of Title 6, Texas Agriculture Code, and
Subchapter J of Chapter 51, Texas Government Code.
No other statutes, articles or codes are affected by this proposal.
§95.205.Acknowledgment.
(a)
At the request of a filer or remitter who files a paper
or paper-based UCC document via mail, the filing officer shall send to the
filer or remitter an image of the record of the UCC document, showing the
file number assigned to it and the date and time of filing.
(b)
If such filer or remitter provides a copy of such UCC document
and the document is hand delivered or faxed, the filing officer shall note
the date and time of receipt on the copy and return or fax the copy to the
filer or remitter. Once the UCC document has been filed, the filing officer
shall send to the filer or remitter an image of the record of the UCC document,
showing the file number assigned to it and the date and time of filing.
(c)
For UCC documents not filed in paper or paper-based form,
the filing officer shall communicate to the filer or remitter the information
in the filed document, the file number assigned to it and the date and time
of filing.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 22, 2004.
TRD-200402069
Lorna Wassdorf
Director, Statutory Filings Division
Office of the Secretary of State
Earliest possible date of adoption: May 2, 2004
For further information, please call: (512) 463-5701